Administrative Law in Ireland, 5th Edition by David Gwynn Morgan, Gerard Hogan and Paul Daly

Administrative Law in Ireland

For over 30 years "Hogan and Morgan" has been the leading work on administrative law and judicial review in Ireland.

This new edition of Administrative Law in Ireland provides practitioners, public servants and students with a comprehensive and definitive analysis of the creation, structure and legal regulation of the contemporary Irish administrative state.

Features

  • A detailed guide to Ireland's administrative structures and judicial review of administrative action.
  • Includes statutory, regulatory and case law developments as of 31 July 2019.
  • Covers the consequences of the Great Financial Crisis on Irish public administration.
  • Each chapter contains the definitive treatment of subjects important for practitioners in public service (the structure of central government; privatisation and procurement; local government and planning; licensing; tribunals of inquiry; and the ombudsman) and private practice (the scope and nature of the application for judicial review and the availability of damages actions against the State).
  • Helps to identify key political and legal trends, facilitating effective advocacy in government and in the courts.

New to this Edition

  • Updates on reforms to local government, state bodies, whistleblowers, inquiries, planning and public procurement.
  • Major developments in judicial review of administrative action, including constitutional justice (Dellway; Mallak; Guerin).
  • A new chapter devoted to statutory interpretation, treating issues specific to administrative law.
  • A new chapter on reasons in administrative law.
  • Significantly revised chapters on the application for judicial review; the scope of public law; legitimate expectations; and damages.
  • Survey of the borderline between public and private functions and bodies.
  • Takes account of political and legal responses to the Great Financial Crisis.

About the Authors

Gerard Hogan, Judge of the Supreme Court; formerly Advocate General of the Court of Justice of the European Union and Judge of the High Court and Court of Appeal.

David Gwynn Morgan, Emeritus Professor of Law, University College Cork; formerly Director of Research, Law Reform Commission.

Paul Daly, University Research Chair in Administrative Law and Governance, University of Ottawa; formerly of the University of Cambridge.

Table of Contents

  • 1. Introduction
  • 2. Sources of Administrative Law
  • 3. The Dáil, Ministers, Departments and Civil Servants
  • 4. Public Bodies and Public Procurement
  • 5. Aspects of Local Government and Planning Law
  • 6. Tribunals
  • 7. General Principles of Licensing
  • 8. Public Inquiries
  • 9. The Public Service Ombudsman
  • 10. Fundamental Principles of Judicial Review I
  • 11. Fundamental Principles of Judicial Review II
  • 12. Statutory Interpretation in Administrative Law
  • 13. Procedural Law
  • 14. The Principle against Bias
  • 15. Fair Procedure: Right to Be Heard
  • 16. Right to Reasons and Supporting Materials
  • 17. Control of Discretionary Powers
  • 18. Application for Judicial Review
  • 19. The Scope of Public Law
  • 20. Damages
  • 21. Legitimate Expectations and Estoppel
  • 22. The State in Litigation


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